Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.3, 39.91

QUESTION: WHAT QUESTIONS IS IT PERMISSIBLE TO ASK OF A PERSON WITH A DISABILITY CONCERNING A SERVICE ANIMAL?

ANSWER:

* A PVO may not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A PVO may ask:

1. if the animal is required because of a disability, and

2. what work or task the animal has been trained to perform.

* Generally, a PVO may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

* In addition, a PVO cannot require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.